Cancellation, return, or waiver of proof of financial responsibility
Sec. 3. (a) The bureau shall, upon request, cancel a bond or return
a certificate of insurance, direct the treasurer of state to return to the
person entitled any money or securities deposited under this article
as proof of financial responsibility, or waive the requirement of filing
proof of financial responsibility in any of the following
circumstances:
(1) At any time after three (3) years from the date the proof was
required, if during the three (3) year period preceding the
request the person furnishing the proof has not been convicted
of an offense referred to in IC 9-30-4-6.
(2) If the person on whose behalf the proof was filed dies or the
person becomes permanently incapable of operating a motor
vehicle.
(3) If the person who has given proof of financial responsibility
surrenders the person's operator's or chauffeur's license,
registration certificates, and registration plates to the bureau.
The bureau may not release the proof if an action for damages
upon a liability referred to in this article is pending, a judgment
upon a liability is outstanding and unsatisfied, or the bureau has
received notice that the person has, within the period of three
(3) months immediately preceding, been involved as a driver in
a motor vehicle accident. An affidavit of the applicant of the
nonexistence of the facts referred to in this subdivision is
sufficient evidence of the nonexistence of the facts in the
absence of evidence to the contrary in the records of the
department.
(b) Whenever a person to whom proof has been surrendered under
subsection (a)(3) applies for an operator's or chauffeur's license or
the registration of a motor vehicle within a period of three (3) years
from the date the proof of financial responsibility was originally
required, the bureau shall reject the application unless the applicant
reestablishes the proof for the remainder of the period.
As added by P.L.2-1991, SEC.13. Amended by P.L.1-2001, SEC.7.
Last modified: May 27, 2006